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Unpaid Overtime Damages Collective Actions

McAfee & Taft

Tenth Circuit raises the stakes in (already) costly wage and hour litigation

McAfee & Taft on

Wage and hour cases, particularly collective and class actions, are among the most costly employment lawsuits for employers. When an employer arguably is mistaken in how it pays employees overtime, does not pay for hours...more

Seyfarth Shaw LLP

No Fees For You: Second Circuit Holds Expert Fees Are Not Recoverable Under FLSA

Seyfarth Shaw LLP on

Expert witness fees are not recoverable under the FLSA. So held the Second Circuit in a decision that highlights a strategy we have previously discussed for employers to fend off class/collective actions....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

How To Calculate Unpaid Overtime, The Sequel: Fifth Circuit Rejects FWW Method In Misclassification Cases

In Black v. SettlePou P.C., the Fifth Circuit Court of Appeals overturned a district court’s ruling concerning the proper methodology for calculating damages when an employee is misclassified as exempt. In so doing, the Fifth...more

Benesch

Seventh Circuit Restricts FLSA Collective Actions That Require Individual Calculation Of Damages

Benesch on

On February 4, 2013, the Seventh Circuit Court of Appeals (includes Indiana, Illinois and Wisconsin) issued an Opinion authored by Judge Richard Posner that is very favorable to employers. The Court ruled that employees...more

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